Whereas, on August 15, 2005, the Court entered Order # 997 (DN 5593) granting Defendants’ motion to exclude the Public Health Intervenors from obtaining access to sealed and confidential information in this case, and ordering that “Plaintiffs-Intervenors are barred from accessing sealed materials or information protected from disclosure under Order #7, Order #36, Order #394, and Order #638”; and

Whereas, in connection with its submission of proposed corrective statements and expert report, the United States may elect to release to Defendants certain materials that may be covered by Order #997; and

Whereas the parties, having conferred, agree that Order #997 should not constrain the Public Health Intervenors’ access to these materials;

IT IS HEREBY AGREED AND THE PARTIES STIPULATE, subject to the Court’s approval, that Order #997 is hereby modified as follows:

1. The United States may provide to the Public Health Intervenors any materials being shared with Defendants concerning corrective statements, including materials that may otherwise be covered by Order #997;

2. To the extent any such materials are protected from disclosure under Order # 7, Order # 36, Order #394, and Order # 638, those Orders shall apply to the Public Health Intervenors, who will be subject to the same restrictions on disclosure that apply to the other parties.

3. This stipulation shall apply solely to materials provided by the United States to the Defendants concerning corrective statements.

Respectfull submitted,

/s/ Howard M. Crystal

Attorney for the Public-Health Intervenor

FULL TEXT:

—————————————-

Case 1:99-cv-02496-GK Document 5879 Filed 02/25/11 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

and

TOBACCO-FREE KIDS ACTION FUND,

et al.,

Plaintiff-Intervenors,

v.

PHILIP MORRIS USA, INC., et al

Defendants.

Civil Action No. 99-CV-2496 (GK)

Next scheduled court appearance February 24, 2011 [sic]

____________________________________

STIPULATION

Whereas, on August 15, 2005, the Court entered Order # 997 (DN 5593) granting Defendants’ motion to exclude the Public Health Intervenors from obtaining access to sealed and confidential information in this case, and ordering that “Plaintiffs-Intervenors are barred from accessing sealed materials or information protected from disclosure under Order #7, Order #36, Order #394, and Order #638”; and

Whereas, in connection with its submission of proposed corrective statements and expert report, the United States may elect to release to Defendants certain materials that may be covered by Order #997; and

Whereas the parties, having conferred, agree that Order #997 should not constrain the Public Health Intervenors’ access to these materials;

Case 1:99-cv-02496-GK Document 5879 Filed 02/25/11 Page 2 of 5

IT IS HEREBY AGREED AND THE PARTIES STIPULATE, subject to the Court’s approval, that Order #997 is hereby modified as follows:

1. The United States may provide to the Public Health Intervenors any materials being shared with Defendants concerning corrective statements, including materials that may otherwise be covered by Order #997;

2. To the extent any such materials are protected from disclosure under Order # 7, Order # 36, Order #394, and Order # 638, those Orders shall apply to the Public Health Intervenors, who will be subject to the same restrictions on disclosure that apply to the other parties.

3. This stipulation shall apply solely to materials provided by the United States to the Defendants concerning corrective statements.

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